Program Terms

These program terms describe SafetyNet™ data recovery services for which you may be eligible. The program terms include the Frequently Asked Questions (FAQ) below and the attached SafetyNet™ General Terms. By requesting SafetyNet services, you agree that these program terms govern any data recovery services that Seagate Recovery Services (SRS) and any other Seagate Technology company may attempt to provide to you. There are limitations about what data can be recovered under the SafetyNet program (e.g., not all data is always recoverable), so please carefully review these program terms to understand what the SafetyNet program does and does not cover.

Frequently Asked Questions (FAQ)

What services am I entitled to under the SafetyNet program?
Under the SafetyNet program, if you purchased a SafetyNet services plan or a product that includes a SafetyNet services plan, and you are legal resident of the United States or Canada, then you are eligible for one (1) SafetyNet data recovery attempt within two (2) years of the documented date of your purchase.

How do I submit a case under the SafetyNet program?
If you suffer a data loss event within two years of buying your plan or product, and you are eligible to participate in and submit a case under the SafetyNet program, contact SRS at 1-800-SEAGATE (1-800-732-4283) in the US, or if you are calling from outside the US 1-405-324-4770. An SRS representative will review your case to confirm your eligibility, and to assess whether your data may be recoverable by remote recovery services or whether you will need to send your device to SRS for in-lab servicing.

What do I need to do to access SafetyNet remote recovery services?
In many cases, your damaged or deleted files may be recoverable by SRS representatives accessing your device over the Internet through a secure connection. After you contact SRS, an SRS representative will advise you if remote recovery is possible. There are certain requirements that must be met before remote recovery can be attempted.

• Your device must be physically operational.The remote recovery service attempts to recover files, not repair devices. If your device is making an unusual noise or not otherwise working, then remote recovery probably will not work.
• You need a reliable broadband Internet connection.Cable or DSL work best. If you have only dial-up, we most likely will recommend our in-lab service.
• You need a second device to receive your recovered files.Your destination device must be connected to your computer, along with your source device. Our data recovery specialists will help you explore your options before proceeding.
• You may need to install software. You may need to install software on your computer.

How do I ship my device to Seagate if in-lab recovery services are recommended?
If a Seagate SRS representative advises you that remote recovery is not possible (e.g., the requirements for remote recovery have not been met), then you will need to send your device to an SRS lab for an in-lab recovery attempt. You are responsible for shipping your device to the SRS facility for in-lab servicing. The SafetyNet program does not cover the cost of shipping your device to the SRS lab for in-lab servicing. If SRS is able to recover your data, however, we will pay for return shipping. When you return the product to SRS, you must use the original device packaging or packaging that provides an equal or greater level of protection to prevent any further damage to the device. You will be responsible for any risk of loss of the device until it is received by SRS. For more information about how to package your device, please visit http://www.seagate.com/www/en-us/support/warranty_&_returns_assistance/packing_&_shipping_instructions/

What happens if my device requires in-lab recovery services?
Once the Seagate SRS facility receives your device, the following steps will be taken:

• Assessment. An SRS representative will assess your data loss event.
• Recovery Effort. SRS representatives will attempt to recover your lost files and data. SRS’s on-line tracking system allows you to follow your case’s progress.
• Return of Recovered Data. Your recovered data will be loaded on a replacement device and returned to you. If you purchased a Seagate product with SafetyNet services, you may be eligible for a replacement drive; otherwise, Seagate may return your data on a refurbished drive or, in some cases, depending on the amount of recovered data, a different type of storage media.
• Data Unrecoverable. In some cases, your device may have suffered significant damage and your data may not be recoverable. If that is the case, SRS will provide you with an explanation as to why your data was not recoverable. We may suggest other steps that could be taken outside the scope of the SafetyNet services, by Seagate or other service providers. If SRS cannot recover your data under the SafetyNet program, you are free to consider other service providers at your own expense. By attempting recovery on your device, SRS will have met its obligation to provide one SafetyNet data recovery attempt within two years of the documented date of your purchase.

How long will it take to recover my data or determine whether any data is recoverable?
We will use commercially reasonable efforts to complete each remote recovery service within seven business days from the day your case is opened. In-lab processing could take up to fourteen business days after we receive your device before you receive your recovered data or, if applicable, an explanation as to why your data is not recoverable.

Is data recoverable in every case?
No. We will use commercially reasonable efforts to recover your data through either remote recovery or in-lab servicing. In some cases, however, your device may be too badly damaged to recover all of the data. In cases where your data has not been recovered, SRS will provide you with an explanation as to why your data was not recoverable.

Will my device be returned if I send it back for in-lab recovery?
No. SRS will not return your original device since it typically will be rendered inoperable as a result of the recovery attempt. Your original device will be subject to secure disposition following a recovery attempt. To the extent possible, you should back up accessible data on the device before sending it back to SRS.

Is there anything else I need to know about the SafetyNet™ program?
The SafetyNet™ General Terms also are part of these program terms and are attached to these FAQs.

SafetyNet™ General Terms
These SafetyNet™ General Terms together with the SafetyNet™ FAQ’s make up the SafetyNet™ Program Terms. By submitting a case under the SafetyNet™ program (“Program”) you agree to be bound by the Program Terms, including these General Terms and the FAQ. You must be a legal resident of the US or Canada to participate in the Program.

Communications
All communications relating to your request will be available on our web site in your account or sent via e-mail to the address you provide to us unless you request, in writing, to receive such communications via regular mail.

Personal Data
You must provide true, accurate and complete information about yourself as prompted by the request form, including, without limitation, your name, address, e-mail address, and telephone number, as applicable (collectively, “Personal Data”). You must maintain and promptly update your Personal Data. You acknowledge that we may send you important information and notices regarding your requests by e-mail and that we shall have no liability associated with or arising from your failure to maintain accurate Personal Data.

Capacity; Legal Rights; Indemnity
You represent to SRS that you are of the legal age of majority in your state or country of residence, with the full capacity to agree to these Program Terms. You warrant that you are the legal owner or the authorized representative of the legal owner of the device you submit to SRS (the “Device”) and data. You warrant that the data on the Device is legal and that you have the unrestricted legal right to (a) give us remote access to the data, (b) have the data recovered and reproduced on a backup medium, (c) receive the recovered data, and (d) agree to these Program Terms. You will defend and indemnify us (including our directors, officers, employees, agents, delegates, and contractors) from any claims or actions relating to the Device or data, or your rights or lack of rights thereto.

Confidentiality
We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care as we use to protect our own confidential information.

Disclaimer of Warranties, Representations and Guarantees
WE PROVIDE THE PROGRAM AND ANY SERVICES PROVIDED OR ATTEMPTED HEREUNDER “AS IS,” WITH ALL FAULTS, AT YOUR SOLE RISK. WE DO NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING OUR SAFETYNET SERVICES OR ANY RESULTS THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF ACCURACY OR COMPLETENESS WITH RESPECT TO THIS PROGRAM AND SERVICES. This Program and Disclaimer is unrelated to, and does not affect any warranties relating to your Device that we or the seller may have extended to you.

Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY HARM CAUSED, UNLESS YOU PROVE THAT WE CAUSED SUCH HARM INTENTIONALLY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE LIABLE FOR THE CONDITION, EXISTENCE, OR LOSS OF THE DATA YOU SEND US OR THE DATA WE RECOVER (IF ANY), ANY LOSS OF REVENUE OR LOSS OF PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION SHALL APPLY TO ANY AND ALL DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH THEY ARE ASSERTED (INCLUDING, WITHOUT LIMITATION, CONTRACT, BREACH OF CONTRACT, AND TORT), AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES - UNLESS YOU PROVE THAT SRS CAUSED DAMAGES TO YOU INTENTIONALLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AMOUNT OF OUR LIABILITY WILL NOT EXCEED THE TOTAL PRICE YOU ACTUALLY PAY FOR THE DEVICE, THE ESSENTIAL PURPOSE OF WHICH IS TO LIMIT OUR LIABILITY ARISING FROM OR RELATED TO THE PROGRAM AND ANY DATA RECOVERY SERVICES. THIS ALLOCATION OF RISK IS REFLECTED IN THE PRICE CHARGED FOR THIS PROGRAM OR SERVICES, IF ANY. YOU ACKNOWLEDGE THAT THE PRICE OF THIS PROGRAM WOULD BE MUCH GREATER IF WE UNDERTOOK MORE EXTENSIVE LIABILITY. THIS PARAGRAPH WILL APPLY NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, OR THE FAILURE OF ANY REMEDY.

Compliance with Laws
You agree to comply with all such laws and regulations and all other applicable laws, statutes, ordinances and regulations relating to the Program. You acknowledge that violations of these Program Terms could subject you to criminal or civil penalties. The goods licensed or provided, or services provided, through the Program, which may include technology and software, are subject to the customs and export control laws and regulations of the U.S. and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Further, under U.S. law, such goods may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge you are not a restricted end-user or involved in any of the restricted activities above, and that you will comply with and abide by these laws and regulations. Seagate reserves the right to refuse service to or the return of any storage devices that have been determined to violate these regulations.

Cancellation
You may cancel the Program at any time by contacting SRS at 1-800-SEAGATE (1-800-732-4283) in the US, or if you are calling from outside the US 1-405-324-4770, or you simply may refrain from submitting a request for SafetyNet services. These Program Terms remain applicable to your and SRS’s rights and obligations with respect to any services requested by you under this Program.

Assignment
You may not assign your rights or obligations under these Program Terms without SRS’ express written consent.

Dispute Resolution
The parties will attempt to resolve any dispute arising out of or related to these Program Terms or any data recovery services requested or attempted hereunder through good faith negotiation. To the extent permitted by applicable law, if the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding arbitration with the Judicial Arbitration and Mediation Services. Each party will bear its own costs in arbitration, provided that Seagate reserves the right, in its discretion, to pre-pay certain fees you may incur in connection with the arbitration subject to refund if you do not prevail. Both parties waive their rights to a jury trial. All proceedings will take place in Santa Clara County, California, USA. The laws of the State of California will exclusively govern these Program Terms and our provision of any data recovery services, without regard to California's conflicts of laws rules. You consent to the exclusive jurisdiction of the courts located in Santa Clara County, California, USA.

Severability
If any provision of these Program Terms is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

Legal Effect
These Program Terms describe certain legal rights. You may have other rights under applicable law. These Program Terms do not change your rights under applicable law if such laws do not permit these Program Terms to do so. Also, the Program and these Program Terms are in addition and unrelated to any rights you may have under a Seagate warranty statement.

SRS Companies
The following SRS companies may provide the services described in these Program Terms: (a) Seagate Technology LLC, with offices at 3101 Jay Street, Suite 110, Santa Clara, California 95054; (b) Seagate Technology Canada Inc., with offices at 2421 Bristol Circle, Suite A100, Oakville, Ontario, Canada L6H 5S9; and/or (c) Seagate Technology (Netherlands) B.V., with offices at Koolhovenlaan 1, 1119 PA, Schiphol-Rijk, The Netherlands.